Summary: We will not investigate this complaint about Miss X’s liability for council tax. It is reasonable for her to use her right of appeal via the Council and then the Valuation Tribunal.

The complaint

1. Miss X complained the Council wrongly pursued her for council tax, including obtaining a liability order through the courts, despite her providing evidence she should not be liable. She says she has gone to significant time and trouble, experienced significant distress and has had to get in debt to pay the Council. Miss X wants the Council to pay her compensation, and she wants records to be amended to show she should not have been liable.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is another body better placed to consider this complaint,
• it would be reasonable for the person to ask for an organisation review or appeal.

(Local Government Act 1974, section 24A(6))

3. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X complains about the Council wrongly holding her liable for council tax when she sent evidence to it to show she should not be. She says the Council obtained a liability order, which it should not have done, and she has had to get into debt with interest in order to pay the debt to the Council before challenging it.
8. Issues about liability for council tax are usually best considered via the Council’s appeals process then the Valuation Tribunal. We cannot decide whether someone should be liable for council tax. There is not a good reason in this case for us to consider this complaint instead of the Valuation Tribunal.
9. The Tribunal may not be able to provide a remedy for peripheral issues such as interest accrued on debts. Should Miss X successfully appeal the Council’s decision on her liability, it is open to her to complain to us again to consider whether she has a significant outstanding injustice within our jurisdiction.
10. The law says we also cannot consider councils’ decision to begin court action.
11. Miss X wants records to be amended. The Information Commissioner’s Office (ICO) is best placed to deal with requests for data rectification, and it is open to Miss X to contact the ICO.

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Final decision

12. We will not investigate Miss X’s complaint because it is reasonable for her to use her right of appeal to the Council and then the Valuation Tribunal about her liability for council tax.

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Investigator's decision on behalf of the Ombudsman